16.34—Evidence.
(b)
Except as provided herein, the ALJ shall
not be bound by the Federal Rules of Evidence.
However, the ALJ may apply the Federal Rules of
Evidence where appropriate, e.g., to
exclude unreliable evidence.
(d)
Although relevant, evidence may be excluded
if its probative value is substantially outweighed
by the danger of unfair prejudice, confusion of
the issues, or by considerations of undue delay or
needless presentation of cumulative evidence.
(f)
Evidence concerning offers of compromise or
settlement shall be inadmissible to the extent
provided in Rule 408 of the Federal Rules of
Evidence.
(h)
All documents and other evidence offered or
taken for the record shall be open to examination
by all parties, unless otherwise ordered by the
ALJ pursuant to § 16.24.